The ABA on Marketing On The Web

Websites, blogs, and social networking sites are becoming used more and more by the legal profession. They have become one of the most efficient and effective ways for legal professionals to both communicate, as well as, interact with clients, prospective clients, and the general public.

However, these web technologies are not without serious ethical implications and consequences. Recently, the American Bar Association has shed some light on its position with regard to the ethical implications of legal web strategy.

First, on August 5, 2010, the ABA Standing Committee on Ethics and Professional Responsibility released Formal Opinion 10-457 on Lawyer Websites. The opinion addresses website ethical issues including:

Misleading information on websites

Expectations of visitors created by websites

Inquiries invited through websites

Issues surrounding the client-lawyer relationship

Responses to website-initiated inquiries about legal services

While lawyers should consult the rules of professional responsibility in their own jurisdiction, this opinion is helpful in terms of avoiding some of the most common mistakes.

The Commission is asking for comment from ABA Entities, Courts, Bar Associations (state, local, specialty and international), Law Schools, Individuals, and Entities. The Commission asks that responses to these questions or comments on any related issues should be directed by December 15, 2010, and includes contact information to whom responses should be directed.

These issues obviously present some challenges for legal professionals, as well as, some major players in the online marketing/advertising world, including Google. There is no doubt that how the rules evolve to address these issues will play a major role in the way lawyers communicate, interact, and engage Internet users.

So what do you think? Has the ABA properly framed these issues? What do you anticipate will be the likely outcome?

Gyi Tsakalakis helps lawyers earn meaningful attention online because that's where clients are looking. He tends to write about legal marketing technology. He misses coaching football and is happy to discuss various strategies and techniques of defensive front seven play.